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WHEREAS, pursuant to certain Subdivision Restrictions recorded in Volume 740,Page 160 of the Real Property Records of Wood County, Texas (hereinafter referred to as the "Restrictions"), certiain real property situated in Wood County, Texas, known as Section IX, Pafi m of Holly Lake Ranch, according to the plat thereof filed for record in the offices of the CountyClerkof WoodCounty,Texas, onFebruary t7,1977,inVolume8,Page59of theplat records of the County Clerk, to which plat and the record thereof reference is hereby made for a full and particular description of said real property (hereinafter referred to as the "Subdivision"); and WHEREAS, Section 26(c) of the Restrictions provides that any or all of the restrictions, covenants, and conditions therein contained may be repealed, amended or modified at any time by a vote of a majority of the owners of trots in the Subdivision; and WHEREAS, a majority of the owners of the lots in the Subdivision have voted to amend the Restrictions in certain respects;

NOW, TIIEREFORE, in order to implement the amendment of the Restrictions which has been approved by a majority of the owners of lots in the Subdivision, such approval being evidenced by the duly executed Resolution Ballots attached hereto and made a part hereof for all purposes, the following amendment to the Restrictions is hereby adopted and approved:


Section 4(a) of the Restrictions is hereby deleted replaced with the following paragraph:


in its entirety and shall be



From and after the date hereof, no residence shall be constructed on any lot in the Subdivision unless such residence shall have a minimum of 1,500 square feet of heated living area and, in addition, must have a reinforced poured concrete slab foundation or a reinforced poured concrete pier-and-beam foundation or the equivalent thereof. This restriction shall not apply to residences already existing in the Subdivision provided that such residences must have at least 1,200 square feet of living area.


Except as specifically set forth hereinabove, Restrictions shall remain in full force and effect.

all terms and conditions of


EXECUTED as of the 1=tday of September, 1993.

HOLLY LAKE RANCH ASSOCIATION, Texas non-profit corporation



A. T. Shoemaker, Jr Secretary/Treasurer





$ $



the 19t

day of Se,ptember, L993, of ffoffy Uie nanih Association, a Texas non-profit corporation, on behalf of said corporation.

This instrument was acknowledged before me on

6y A.T.


Jr. , SecTTreas of BOD

(sEAL) Printed or Stamped Name:

Susan 35443





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a Texas general Partnership (referred to herein as lDeveloper") with offices and principal pLace of business at 3220 Lerunon Avenue, Dallas, DaIIas Countyl Texas, acting herein by and through its duly authorized partner, THAT HOIJLY LAKE DEVELOPMENT COMPANY,

T. McKenzie, is the owner of all that certain real proPerty situated in Wood County, Texas, known as Part III of Section fX of Holly Lake Ranch (being sometimes referred to herein as "Subdivision), according to the plat of said Part III of Section IX of Holly Lake Ranch filed for record in the Office of the County Clerk of Wood County, Texas, on February 17, L977, in Volume 8, page 59, of the Plat Records of the County Clerk, to which pJ-at and the record thereof reference is hereby made for full and particular description of said real property. The part,ies hereto desire to create and carry out a uniform plan for the improvement, development and sale of all of the lots in the Subdivision, for the benefit of the present and future oerners of said lots, and for the protection of property values in the Subdivision; and, to that, purpose, said parties hereby adopt, establish and impose t.he forrowing declarations, reservations, protective covenants, limitations, conditions and easements to apply uniformly to the use, improvement,s, occupancy and conveyance of all lots in the subdivision; and each contract or deed which may be hereafter executed with regard to any of the lots in the subdivision shall conclusively be held to have been executed, 9il.

derivered and accepted subject to the following (regardless of whether or not the same are set out in full or by reference in ' said contract or deed),




USE. No lot shal-l be used for other than single family residential soil or trees shall be removed for any commercial use. trees shaLl be limited to the extent necessary for clearing the of Cutting foundat,ion site for constructioni any additionat cutting of trees sha1l be done only upon the written approval of the Developer. No commercial activity shall be permitted on any lot.


purposes and no


LOT AREA. No lot may be resubdivided; provided, however, that may be divided belween abutting owners and thereafter each

lndividuaL lots

ownerrs resulting oversize lot shall be considered as one lot. Nothing herein contained shalL prohibit the construction of a single residense on two (2) lots, in which case both such lots shaLl be considered as one (l) lot for

building purposes.

3. ARCHITECTIJRAL CONTROL COMMITTEE. An Architectural Control Committee ("Committee") shall be appointed, from tirne to tlrne, by Developer, whose purpose it shall be to review plans, to insure for all owners harmony of locatlon, and harmony of external and structural design and guality with existing structures. The Committee shaLl have the right to designate a representative to act for it in all natters arising hereunder. Until such tirne as the Comnittee has been constituted and appointed, Developer, or its nominee or

representative, shall carry out all functions of the Comrnittee relating to these restrictions. After seventy-five (759) of alt lots in the Subdivlsion have been sold and 752 of all lots and tracts in alL other Subdivisions of Holly Lake Ranch hereafter develloped, or sooner at the sole election of Developer, the menbers of the Corunittee shall be selected by the Holly Lake Ranch Associabion ("Associationt') . 4.


(a) No residence shall be construcLed or permitted to remain on any lot in the Subdivision unless such residence shall have a minimum of lr20o square feet of living area. (b) No improvements shalL be placed on any lot until the building plans, specifications and plot plans showing the location of such improvements on the lot have been approved in writing by the comrnittee. Likewise, the alteration of any existing inprovements which materially affects or changes the exterior design thereof may not be made untir the plans for such alterations have been approved in writing by the committee. rn the event the committee disapproves of any such plans, specifications and/or plot plans, notice of such disapproval shall be delivered in person or by registered or certified letter addressed to the party submitting lr,. same at an address which must be supplied with the submission. rn passing upon all of such plans, and/or plot plans, "pecifications the comnittee may take into consideration, arnong other things, the suitability of any such proposed buitding or strueture or the alteration thereof and the materials of which it is to be constructed to the 1ot or tract upon which it is to be constructed, and the effect thereof upon adjacent neighboring or other lots or tracts. Any such notice shall set forth the elements disapproved and the reason or reasons therefor, but need not contain suggestions as to methods of curing any matters or things disapproved. The judgment of the committee in this respect in the exercise of i.ts sore and absolute discretion shall be final and conclusive. rf said committee fails to approve or disapprove said prans, specifications and/or plot plans within thirty (30) days after the same have been submitted io it, it will be presumed that the sane have been approved. These requirenents for approval by the corunittee as-herein set out cover not only the residences\ to be r:onstrueted in the subdivislon, but alr piers and other structures built in the water as werl as on the land, and aLso appry to any retainlng warrs and any significant moving of soil in or out of the water.


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(cl Alr structures whlch extend into the water sharr neet the follo.ring requirenents: (I) Permission for any Euch structure mu6t, first be obtalned fron the Conmittee, and the construct,ion of such structure shall be in accordance with thE description of same as set forth in the Committee's written approval. The Comrnittee shall not approve more than one pier per lot except under circunstances deemed to be exceptional by the Committee. Such structures shall not extend into the . water more than 25 feet. Nott^rithstaqding the. foregoing, an exception may be made by tlre Committee in cases where such an exception is necessary because of shallow water or other unusual circumstances, approval of such exception to be given in writing to the obrner of the lot affected. (21 No part, of such structures shall be closer to any projected side property lot line than ten (I0) feet. (3) I'lo such structures shall extend more than five (25) feet parallel to the waterts edge.


(d) No part of any building shall be located on any lot nearer to any street than the set-back line as indicated on the plat. No part of any building shall be located nearer than ten (10) feet to any inLerior lot line, except, that in the event of common ownership , of more than one (l) lot and the construction of one (l) building on more than one (1) lot, the cornbined area owned shall be considered as one (1) Iot for this purpose. The building set-back lines may be relaxed by decision of the Committee, if the above described distances are not feasible, considering the terrain and,/or dimensions of . the lot. (e) No structure shall be occupied or used for residenLial or storage purposes (ot}er than for the storage of building rnaterials to be used in the construction and conpletion thereof) untiL the exterior thereof shall have been fully completed in accordance with the approved plans and specifications.

(f) Each residence, once commenced, must be completed within stx (6) months from the date of conmencement thereof. If any such residence is not completed within six (6) months after the date on which suqh residence is commenced, the owner of sane hereby gives the Committee, or its representative or agent, the right and authority to enter upon the property upon which such structure is situated, and to disasserrble such structure and store the builiing rnaterials on the premises or elsewhere at the discret,lon of the The owner or occupant of any such lot agrees, by the purchase or occupancy thereof, that the Cornnittee shall not be liable in trespass or otherwise in entering upon said lot and disassembling any such struct,ure.

(S) No trailer, mobile home, tent, shack, canperr. or struclure of a tempdrary character shalll at any time, ever be used as a permanent or temporary residence on any lot, or moved onto or permitted to remain on any lot, except during constructsion of permanent structures. No camping shall be permitted within the Subdivision without the written pernission of the Developer, it being intended that Developer shall pernit Urnited camping on certain restricted areas within the Subdivision. (h) No fence shall be erected wlthout the approval in writlng ' of the Committee. 5. sIGNs. No "For Salett 6ign or trFor Ren!il sign, or any other advertlslng structuresr rndy be dlsptayed in the the Subdlvision without the prloi wrltten approval of Developer.


vol 740


or offensive activity shall be carried on or nor shall anythirlg be done or perSubdivision, maintained on any lot in the mitted to be done thereon which may be or become a nuisance in the neighborhood. Mercury vapor security lights shaLl not be permitted on any lots or traets in the Subdivision. 6.

NUISANCES. No noxious

7. FIREARMS. The use or discharge of firearms ln the Subdivision is expressly prohibited except in areas thaE may be designated for such purposes by the DeveLoper. 8. GARBAGE AND TRASH DISPOSAL. No Lot shall be used or rnaintained as a dumping ground for garbage. Trash, garbage or other rubbish shall be kept only in sightly, sanitary containers. Each Lot owner shall be responsible for disSrosing of alL of his trash, garbage and rubbish, and the burning of sane within the subdivision is expressly prohibited. 9. UNSIGHTLY STORAGE. If open carports are used, no unsightly storage and/or unsightly vehLcles shall be perrnitted therej.n. 10. ANIMALS. No horses, corrts, poultry, or livestock of any kind (other than house pets) may be kept on any lot in the Subdivision without, the written consent of the Developer, it being the Developerrs intention to permit horses and ponies to be kept upon lots for recreational purposes and as pets (as contrasted to corunercial or other purposes), so long as the number of such anjmals proposed to be kept upon a lot, is reasonable under the circumstances. Any such a.nimal which is allowed to be kept upon a lot shall be removed promptly thereupn upon the written direction of the Developer. 11. OFF-STREET PARKING. Both prioi to and after the occupancy of a dwelling on any lot, the ohtner shal1 provide appropriate space for off-street parking for his vehicles andr/or boats. 12. wEE&s AND TRASH. The owner of each lot or tract shall keep the same clean and free of trash and such weeds as will be in keeping with the other property and the community at any particular time. Upon failure to do this, Developer or the Association may have the lot cleaned and the cost or expense thereof shall be payable on demand by the or^rner to Developer ox the Association, as the case may be. 13. SEWERAGE. No building or struct,ure shall be occupied as a residence unless all plunbing fixtures, d-ishwashers and toilets are connecLed to an adequate sehterage disposal system. No outhouses.shaLl be permitted on any part of the property; all lavatories, toilets and bath facilities shaLl be instaLled indoors and shall be connected with adequate grease traps, septic tanks, and lateral lines constructed to comply with the specifications of State and local health authorities, and no "outside" or surface toilets shall be permitted under any circumstances. No septS.c tank lateral lines shall be constructured witl'rin twenty-five (25) feet of any lakes or ponds; minimum requirements for the construction of septic tanks and lateral tines are two hundred (2OO) feet of one foot by four inch (1' x 4") tile pipe laid in the center of one foot of wash gravel covered wiLh tar paper in a trench twelve inches wide by twenty-four (12" x 24") deep. Nothing herein contained to the contrary shall prevent the installation and operation of sanitary sewer faciJ.ities by a water district or other goverrunental authority in said subdivision. L4. UTILfTY EASEMENTS. An easernent is expressly reserved in, on, over, under and through those portions of the Lots as shown on the recorded Plat for the Purpose of installing, repairing and maintaining electric power, water, se$terage, gas, telephone and similar uttlity facilities and services. There is also reserved and dedicated hereby for. the use of the Developer and any public or private utility company an unobstructed aerial easement tive (5) feet, wide fron a plane tweqty (20) feet above the ground upward, located adjacent to and above alL dedicated utility easenents as shown on the map or plat of t,he Subdivision. The easements reserved and dedicated under the tenns and provisions hereof and under the terms and provisions of, the Srrbdivision plat



tvol 740



shau be for the general benefit of the Subdivislon as herein deflned and any other land omed or acguLred by Developer l"n the vicinity, thereof , and shall arso inure to the benefit and nay be used by any pubric or private utility qomPany entering into and upon said property for the purposes aforesal.d, without the necessity of any further grant of such easement rights to such utility compgnLes. Fences, waLls and shrubbery hedges shall be permitted on any such easements excePt those easemenlS belng used for underground electric andr/or telephone systems, provided: (i) that such fences, walls and hedges do not interfere 5.n any way with the use of such easerqrnts by.any public or private utilities then utilizing or thereafter designed to trtilize the same, (ii) that the right of the owners of such fences, walls and hedges shall at all tirnes be and remain subordinate and inferior in every way to the right of publlc and private utilities; and (iit) that such public or private utilities at any tlme may, without liability of any kind to the oemer or owners thereof, retnove any such fence, wall or hedge rdhere the renoval of the same is incidental to or necessary for the performance of pubtic or private utility operat.ions. No buildings or structures of any character may be erected or allowed to remain on any utility easements.

15. AssocrATroN MEMBERSHTP. Each purchaser of a tract, lot, or unit in the Subdivision must be a member of the Association. 16. OIL, cAS AND MINERAL DEVELOPMENT. No oil or gas drilling, oil or gas development operations, oil or gas refining or treatment, quarrying or mining operations of any kind by lot owners shall be permitted upon or in any part of the lands included in the Subdivision. t7. DMINAGE STRUCI'LRES. Drainage structures under private driveways shall always have a net drainage openl4g area of sufficient size to permit, the free flow of water without backwater. 18. ASSOCIATION I,IEI{BERSHfP. Upon acceptance of an appllcation for nembership in Holly Lake Ranch AssociatLon and the sirnultaneous execution of a sales contract or the acceptance of a Deed, each oluner shall become a nember of Holly take Ranch Association, a corporate enterprise operated by Developer, its successors or assigns, for the purpose of providing the members with clubhouse and private recreation facilities in the area, and to establish and maintain parks, J-anes, lakes and provide for the comnon benefit of lot ohrners. Said membership shall be conditioned upon observance of the rules and regulations established by said Association for the benefit and general welfare of its nernbers and for the official operation thereof. Said mernbership shall also be conditioned upon payment, when due, of such dues, fees, and maintenance charges as the Association shall find necessary for the maintenance of the AssociatLon facilities and services' including but not llrnited to the maintenance of lanes, roads, parks, clubhouse and lakes and any other services and benefits which said Association may provide for the benefit, of the lots, Association facilities and members.

Accordingly, each lot in the Subdivision, from and after the sale thereof by Developer, is heteby subjected to an annual fee and maintenance charge of $13.30 per.month per lot, for the purpose of creating a fund to be known as the "Holly i.ake Ranch Maintenance Fund" to be paid by the owner, the same to be secured by the vendorts lien upon said lot, said rnaintenance charge to be payable nonthly in advance as dtrected by the Developer or the Association, as the case may be. At such t,Lne as Developer has transferred the title of 75E of the lots in the Subdivision'and future subdlvisions of Holly Lake Ranch, or sooner if notice to such effect is given by Developer to the Association, the responsibility for the collection and disbursement of such maintenance fund may be delegated to the Association. The fee and maintenance charge nay be increased from year to year up to an increase not to exceed IOt of the maintenance charge for the previous year. The Developer tnay waive, either temporarily or pennanently, the fee and naintenance charge against any lot if the owner has purchased another Lot within the Subdivision which is subject to such charges. It is understood that the judgrment of the Developer (or the Association, as the case may be) in the expenditure of said fund shall be final so long as such judgrment is exercised in good faith. By the acceptance and retention of tille to any lot, each lot owner, his heirs or assigns (regardless of whether a nember of the Association, notwithstanding the requirenent of membership in the Association, its successors and assigns, as a condition to the acguisition of title to any lot), agrees the Developer shall have






ivor. 7 4g


a lien upon the subject lot or tract to secure payment of the aforementioned dues, fees and maintenance charges are hereby declared to be expressly subordLnate and inferior to any voluntary lien, including any rene$ral and,/or extension thereof, created on any lot in the Subdivision by an owner thereof for the pur:pose of obtaining a construction or pernanent loan or both such loans for the purpose of improving such lot. Sald sr:bordination of liens shall continue and be in full force and effect for so long as such construction or pernanent loan is outstanding.

19.' PUMPING WATER FROM LAKES PRoHIBITED. The pumping of water from any Iakes or ponds is prohibited except by special permit, in writing, granted by

the Developer.

20. WATER WELLS. No water well shaLl be drilled by the o$,ner or owners thereof so long as r,rater for domestic uses shall otherwise be available to the owners of lots, but nothing herein contained shalL be construed as prohibiting the Developer, its successors, assigns and nominees, from a well on any property located in or near the Subdivision for the purpose of supplying water to the or^rners of any property in said Subdivisi.on or in any future subdivision of Holly Lalce Ranch, provided, however, that untiL water is available to the ovrner of a l"ot, the Developer will grant written permits, upon proper application, for the drilling of temporary wells and for the temporary operation thereof, until water for domestic uses shall become available to said olrner. 2I. RESTRICTIONS ON SALES, EIC. No sale, transfer, lease or other disposition of any lot in the Subdivision shalL be consummated unless and until the purchaser or transferee has applied for and has been accepted as a member of the Holly Lake Ranch Association, its successors or assigns. This restrict,ion shall not apply, however, to lending institutions who may bid said property in at, any foreclosure sale brought by them without regard to such membership restriction, nor shall it apply with respect to a transfer of such property pursuant to a duly probated will or by virtue of intestacy under the stabutes of the State of Texas. 22. DEvELoPERtS SALES ACTIVITTES. Notwittrstanding anything to the contrary contained herein, the Developer, its successors and assigns, reserves for itseLf and its designated agent, or.agents the right to use any unsold lot for a temporary office location and the right to place a sign or signs on any unsold 1ot in the subject Subdivision. 23. BOATING RBSTRICTIONS. Other than on Greenbriar Lake, no outboard or inboard motors larger than ten (10) horsepower may be used on any lakes or ponds and no waterskiing will be permitted on any lakes or ponds, and on Greenbriar Ialce waterskiing and use of motorboats will be subject to the rules and regulations of Holly Lake Ranch Association fron time to time in effect. 24. COVENANTS RUNNING WITH THE LAND. All of the restrictions, covenants and conditions herein provided for and adopted shall apply to each and every lot in the Subdivision, and shall be covenants running with the land. Developer, its successors and assigns. shall have the right to enforce observance and performance of the restrictions and covenants contained and provided for herein, and in order to prevent a breach or to enforce the observance or performance of same, shall have the right, in addition to all legal rernedies elsewhere provided herein, to an injunction either prohibitive or mandatory. The owner of any lot in the Subdivision affected shall likewise have the right either to prevent a breach of any such restrictions or covenants or to enforce the perforrnance thereof.


25. PARTIAL INVALID\TY. Invalidation of any of these covenants, restrictions or conditions by couit judgrnent or otherwisen shall not affect, in any way, the validity of any of the other covenants, restrictions or conditions, all of which shall renain in fulI force and effect. Acquiencence in any violation shalL not be deemed a waiver of the right to enforce against the vlolator or others the conditions so violatbd or any other conditionsr and Developer shall have the right to enter the property of the violator and correct the violation, or to require that tlre same be corrected.



tvol 740 26.



(a) The restrl-ctlons and covenants herein provlded for and adopted, shall remain in full force and effect until Decenber 31, 1990, subject to modification or anendment as hereinafter provided. (b) At the end of the term provided in (al imrnediately above, and at the end of each ten (10) year extension herein provided for, these restrl.ctlons shall be autonaticallp extended and renewed for succeeding periods of ten (10) years each, unless, withln six (6) months prior to the date such restrictions and covenants would otherwise be automatically extended, an instrunent shall have been signed by the then owners of a majorlty of the then existing lots in the Subdivision, each such lot entitling its owner to one (I) vote, and shall have been recorded in the Office of the County Clerk of 9food County, Texas, agreeing to change said restrictions and covenants in whole or in part. (c) Any or all of the restrictLons, covenants and conditions herein contained rnay be repealed, amended or modified at any time by a majority vote of the lot and unit owners in the Subdivision, each then existing lot entitling its olmer to one (I) vote. Such repeal, amendnent or nodification shall be effected by an instrument in writing executed by such majority of said lot owners, and filed for record in the Office of the County Clerk of Wood County, Texas. 2?. HEADINGS. All seqtions and paragraph headings used herein are for convenience only and shall have no efficacy in construing any of the restrictions, covenants or conditions herein contained. 28. RIGHT TO ASSfGN. The Developer. may, by appropriate instrument, assign or convey to any person, orjanization or .orporalion, any or all of the rights, reservations, easenents and privileges herein reserved unto the Developer, and upon such assignment or conveyance being nade, its asslgns or grantees may, at their option exercise, transfer or assign such rights, reservations, easernents and privileges or any one or more of them at any time or times in the same way and manner as those directly reserves'by them or It in this instrument. 29. JOINDER OF LIENHOLDER. The undersigned lienhoLder joins in the execution hereof solely as lienholder for the purpose of subordinating its lien to these restrictions, reservations, covenants and conditions with the understanding, however, that: (a) Except to the extent of subordinating its lien to the restrictions, reservations, covenants and conditions herein provided for, such lien is continued in fulL force and effect, as first and prior lien upon the property described in the security instrument given to secure the indebtedness nolr or hereafter held by the lienholders; and (b) Said subordination excepts fron the operation thereof any charge, fee or lien created in this instrument which under any theory or circumstance can be prior or equal to the lien held by the lienholder. IN


these presents have been executed in

counterparts, each executed counterpart to have the full force and

effect of an orisinal, 6is the/ay'day of /Fr-Z-,















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BEFORE ME, the undersigned, a Notary public in and for said county and state, on this day personalry appeared w. T. McKENzrE, a General partner of the partnership fiim oi Hor,r,y LAKE DEVEL9pMENT COMPANY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he CXCCUTCd thc SAMC AS thc ACt Of HOIJIJY I'AKE DEVELOPMENT COMPANY, A co-partnership, for the purposes and consideration therein expressed and in the capacity therein stated.

,/ GIVEN UNDER MY HAND AND SEAL OF OFTICE ,// rsr,, / , 1977 .


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ME, the undersigned, a Notary public in and for said State, on this day personally appeared -5i


CgunJV and

.nnuemx W, ur ulILIrAS' J(nown to met/, toe!bePr;;r/e-;'i-' the person and officer whose name is c.

subscribed to the foregoing instrument acknowleagea-to me that the same was the act oi said Bank, and and that he execuied trre same as the act of said Balk for the purposes and consiaeiaiion tiierein expressed and in the capacity therein stated.





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Section 9 part 3 restrictions  
Section 9 part 3 restrictions